- 1 - HC-KAR NC: 2025:KHC:23389 CRL.P No. 8055 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8055 OF 2025 BETWEEN: SRI MAHESHA N S/O LATE NAGAIAH AGED ABOUT 40 YEARS R/AT 25, NAGUVINAHALLI MAIN ROAD, HALEKESARE MYSORE - 570 003. …PETITIONER (BY SRI S. MANOJ KUMAR, ADV.) AND: THE STATE OF KARNATAKA BY NARASIMHARAJA POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 02.06.2025 PASSED BY THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU, IN CRL. MISC. NO. 736/2025, AND THE EARLIER ORDER DATED 01.04.2025 IN CRL. MISC. NO. 251/2025, BOTH REJECTING THE PETITIONERS BAIL APPLICATIONS IN CONNECTION WITH C.C. NO. 2512/2025 ARISING OUT OF CRIME NO. 17/2025, PENDING BEFORE THE III ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23389 CRL.P No. 8055 of 2025 ORAL ORDER Accused in Crime No.17/2025 registered by Narasimharaja Police Station, Mysuru City, for the offence punishable under Section 103 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.17/2025 was registered by Narasimharaja Police Station, Mysuru City initially for the offences punishable under Sections 115(1), 118(2) & 352 of BNS, 2023 against the petitioner herein, on the basis of first information dated 06.02.2025 received from Sri Kiran S, who is the brother of deceased Madhu. During the course of investigation, the petitioner herein was arrested on 06.02.2025 and subsequently remanded to judicial custody. Madhu who was injured in the incident that had taken place on 01.02.2025 was admitted in a hospital where he subsequently died on 16.02.2025. Thereafter, - 3 - HC-KAR NC: 2025:KHC:23389 CRL.P No. 8055 of 2025 offence punishable under Section 103 of BNS, 2023 was invoked in the present case against accused . After completing investigation, charge sheet has been filed against the accused/petitioner for the offence punishable under Section 103 of BNS, 2023. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.251/2025 was dismissed on 01.04.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, the petitioner and the victim are close relatives and it appears that, there is some dispute between the family with regard to partitioning of the family property. In the incident that had taken place on 01.02.2025, the petitioner had allegedly assaulted Madhu with a wooden club when Madhu had entered the house of the petitioner and quarreled with him. Immediately thereafter the injured Madhu was shifted to a hospital. - 4 - HC-KAR NC: 2025:KHC:23389 CRL.P No. 8055 of 2025 6. The first informant and his mother were very well aware of the aforesaid incident, that had taken place on 01.02.2025 and the first informant has stated that he had gone to the hospital and seen his brother, who was admitted in the hospital. However, after a delay of more than five days, first information has been submitted in the present case alleging that the petitioner had assaulted Madhu on 01.02.2025, after Madhu had quarreled with the petitioner in his house in relation to the dispute of partitioning the family property. The injured Madhu had subsequently died in the hospital on 16.02.2025. 7. Investigation of the case is completed and charge sheet has been filed. The statement of the alleged witness has been recorded belatedly in the present case, which is after a period of more than ten days from the date of registration of FIR. FIR itself was registered after a delay of five days from the alleged date of incident. The petitioner aged about 40 years, who is an agriculturist by avocation has no other criminal antecedents. - 5 - HC-KAR NC: 2025:KHC:23389 CRL.P No. 8055 of 2025 8. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.17/2025 registered by Narasimharaja Police Station, Mysuru City, for the offence punishable under Section 103 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 6 - HC-KAR NC: 2025:KHC:23389 CRL.P No. 8055 of 2025 unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS